Did Negligence Cause My Child's Cerebral Palsy?
Cerebral palsy is the result of a baby injury that affects the parts of the brain that control the muscles. Cerebral palsy causes uneven muscle tone, trouble walking, problems with balance and, quite often, it also causes problems with the sensory organs. Sometimes, children with cerebral palsy also suffer from cognitive impairments. All of this means that the future for a child with this disorder can be very expensive. Some of these children will require care for the entirety of their lives.
The Role of Negligence
Negligence and incompetence sometimes play a role in a child coming down with cerebral palsy. They are different things, however. In the case of negligence, a lawsuit alleges that a doctor or a healthcare provider did not perform as they could have been reasonably expected to and, as a result of that, somebody suffered. In the case of incompetence, a lawsuit is alleging that the physician was somehow unqualified or simply behaved in a manner that suggested that they were unqualified and somebody suffered because of that.
Alleging medical negligence will depend upon the established cause of cerebral palsy. This requires some specific forms of investigation. A clinical examination of the infant has to be carried out. An MRI scan has to be performed, as well, to give the doctors a look inside the child's body. Laboratory testing is carried out and the circumstances of the birth are investigated. All this is put together to give a picture of what happened during the child's birth and, if negligence was an issue, it will usually become apparent from this investigative work.
Talking to a Lawyer
Unfortunately, there may be some cases where an attorney cannot help you. For example, there are cases where cerebral palsy occurs naturally and where there's nobody to blame for it at all. There are also cases where, even though negligence may have been a factor, it may be virtually impossible to prove it. A good attorney, however, can oftentimes fight for you in court and persuade a jury that you are due compensation for your child's injuries, your pain and suffering and the medical bills that you'll face now and in the future.
If you believe medical negligence was the cause of your child's injury, it's a good idea to speak to an attorney, no matter what the investigation the healthcare facility shares with you suggests. Oftentimes, speaking to an attorney is free.
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Types and causes of birth injuries
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Medical malpractice and birth injury statistics
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How medical malpractice cases are evaluated
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In-depth review of actual case files and lessons learned
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The legal process and choosing the right attorney
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